Arson

Question 1

Act and section

Answer 1

S267(1)(c) CA1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

Intentionally
Damages by fire or
Damages by means of explosive
Any immovable property or vehicle or ship or aircraft
With intent to obtain any benefit or
Cause loss to any other person

Question 4

Intentionally

Answer 4

They mean to do it. They desire a specific result and act with the aim or purpose of achieving it

R v Waaka
A fleeting or passing thought is insufficient. There must be an firm intention to effect the act

R v Mohan
A decision to bring about in so far as it lies within the accused power the commission of the offence

Question 5

Damages

Answer 5

Damage is usually burning or charring. It is not ness ray that the property is actually set alight. Melting, blistering of paint or severe smoke damage may be sufficient

R v Archer
Property may be damaged if it suffers permeant or temporary physical harm or permeant or temporary impairment of its use or value

Question 6

Explosive

Answer 6

Any substance or mixture or combination of substances capable of either decomposition at such a rapid rate as to cause an explosive or of producing a pyrotechnic effect
Includes gun powder, gelignite, detonators
Does not include fire works or fire arms

Question 7

Immovable

Answer 7

Property will be considered immovable if it is fixed in place and unable to be moved even though it may be possible to make it moveable

Question 8

Property

Answer 8

Includes any real or personal property and any estae or interest in real or personal property, money, electricity and any debt

Question 9

Vehicle

Answer 9

S2 LTA 1998

A contrivance equipped with wheels, trams or revolving runners on which it is moved or moves

Question 10

Ship

Answer 10

S2 CA 1961

Any description of vessel used in navigation however propelled and includes any dinger, lighter, raft or like vessel

Question 11

Aircraft

Answer 11

S2 Civil aviation act 1990
Any machine capable of deriving support in the atmosphere from the reactions of the air otherwise than by the reaction of the air on the surface of the earth

Question 12

Obtain

Answer 12

S217 CA 1961

Obtain or retain for himself or herself or any other person

Question 13

Benefit

Answer 13

S267(4) CA 1961

Any benefit, per culinary advantage, privilege, property, service or valuable consideration

Question 14

Cause loss

Answer 14

R v Morley

Loss is assessed by the extent to which the complaints position prior to the offence has been diminished or impaired

Question 15

Person wider meaning

Answer 15

Gender neutral, proven by judicial notice or circumstancially . Also has a wider meaning of companies or organisations